HomeMy WebLinkAboutPacket - 05/17/2017 - Planning and Zoning CommissionPLANNING AND ZONING COMMISSION MEETING NOTICE
DATE: Wednesday May 17, 2017
TIME: 7:30 p.m.
PLACE: McHenry Municipal Center
(City Council Chambers - South Court Entrance)
333 South Green Street, McHenry, IL 60050
AGENDA
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Public Input - (five minutes total on non -agenda items only)
5. Consideration of Approval of Meeting Minutes: April 12, 2017 Regular Meeting
6. Z-908 Public Hearing —Use Variance to allow construction of a medical cannabis dispensary
under the Compassionate Use of Medical Cannabis Act and any other Variances required
effectuating the aforementioned request at 618 S Illinois Route 31.
Applicant: Jamil Taylor (Justice Grown), 311 N. Aberdeen St. #300, Chicago IL 60607
Requested Actions: Use Variance to allow construction of a medical cannabis dispensary
under the Compassionate Use of Medical Cannabis Act and any other Variances required
effectuating the aforementioned request.
Location of
Subject
Property: The
of Illinois Route 31
subject property
north of Medical
is located at 618 S. Illinois Route 31,
Center Drive.
on the east
side
7. Z-909 Public Hearing —Conditional Use Permit to allow assembly use, along with a coffee shop
and other retail/service businesses with outdoor seating and any other variances required to
develop the subject property in substantial accordance with the site and building layout
submitted for 1252-1254 N Green St.
Applicant: Utopian Roast LLC, 1254 N Green St., McHenry IL 60050
Requested Actions: Conditional Use Permit to allow assembly use along with a coffee
shop and other retail/service businesses with outdoor seating and any other variances
required to develop the property in substantial accordance with the site and building
layout submitted for this petition.
The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest
quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner.
Location of Subject Property: The subject property includes the building at 1252 N Green
Street, as well as the vacant lot directly to the north, and is located at the southeast corner
of Illinois Route 120 (Elm Street) and Green Street,
8. Staff Report —Next Meeting Date :June 21, 2017
9. Adjourn
The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the
highest quality of programs and services in acustomer-oriented, efficient and fiscally responsible
manner.
City of McHenry
Planning and Zoning Commission Minutes
April 12, 2017
Chairman Strach called the April 12, 2017 regularly scheduled meeting of the City of McHenry
Planning and Zoning Commission to order at 7:30 p.m. In attendance were the following:
Doherty, Meyer, Miller, Sobotta, Strach, Thacker, and Walsh. Absent: None. Also in attendance
were: Director of Economic Development Martin, City Attorney Cahill, and Administrative
Assistant Wolf.
Approval of Minutes
Motion by Thacker, seconded by Meyer, to approve the February 15, 2017 regular meeting
minutes of the Planning and Zoning Commission Meeting as presented:
Voting Aye: Meyer, Strach, Thacker and Walsh.
Voting Nay: None,
Not Voting: None,
Abstaining: Doherty, Miller, and Sobotta.
Absent: None.
Motion carried 4-0.
Public Hearing: JUSTIN AND CORY MUROV
File No. Z-907
3940 W Main Street
Use Variance to allow a Tattoo Parlor and Art Studio
Chairman Strach called the Public Hearing to order at 7:32 p.m. regarding File No Z-907, an
application for a use variance to allow a Tattoo Parlor and Art Studio as submitted by Justin and
Cory Murov, 38160 N. 4`h Avenue, Spring Grove, IL 60081,
Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on
March 28, 2017. Notices were mailed to all abutting property owners of record as required by
ordinance. The subject property was posted. A Certificate of Publication and Affidavit of
Compliance with notice requirements are on file in the City Clerk's Office.
In attendance were Justin and Cory Murov of Spring Grove, IL who were sworn in by Chairman
Strach. Mr. Murov provided a summary of the request before the Commission at this Hearing
stating they are hoping to get approval for a tattoo/art studio to enhance the community with
art and help contribute to the community.
Director of Economic Development Martin provided the Commission with the Staff Report
regarding this matter stating the applicant has been seeking a location for several weeks to
open a tattoo parlor and art studio and decided the site at 3940 was the best location. The
tattoo parlor formerly at 3932 Main closed at the end of 2016.
Planning and Zoning Commission
February 12, 2017
Page 2
The building which the use is proposed is a mixed -use building and has a total of five units (two
commercial and three residential). The applicant is proposing to locate on the first floor
adjacent to Claws and Paws. There are two apartment units on the second floor and a studio
apartment on the first floor in the rear of the building. Mr. Murov will not do piercings;
however they to offer other forms of art and would like to be a forum for artists.
Director Martin stated the applicant's narrative provides a good overview of their proposed
business. Staff does not believe a tattoo parlor and art studio will have any adverse land use
impacts on adjacent properties or require additional City services. Additionally, there are
several commercial vacancies on Main Street including: 3932 Main; 3937 Main and 3902 Main.
Staff believes the proposed use will add an additional element and amenity for people to come
to Main Street and supports the use variance.
Director of Economic Development Martin stated Staff is recommending approval of a Use
Variance to allow a tattoo parlor and art studio on the subject property with the condition the
use variance shall expire and become null and void if the tattoo parlor use ceases for a period
of six consecutive months and Staff finds all requirements in Table 32(A) of the zoning
ordinance have been satisfied.
Chairman Strach invited questions and/or comments from the Commission.
Commissioner Miller inquired what the hours of the business might be. Justin Murov replied 10
a.m. — 9 p.m. is being considered and he will be the only employee. If the business is successful
he could possibly add another employee. He looked at another property as well but likes the
historical building and this location was already set up with many requirements needed in order
to operate the business which helps keep costs down. Commissioner Miller asked if there will
be a separation between the art space and ink space. Cory stated there would be a separation,
particularly for sanitation reasons.
Commissioner Meyer asked if any youth workshops have been coordinated in the community
yet. The Murov s responded nothing has been coordinated yet because they need to have the
business set up but it is definitely a goal.
Commissioner
Doherty asked
if the Justin is an art teacher or if the intent is
to bring artists in to
do workshops
and/or display
art. Justin replied he will allow art to be used
as an outlet and his
intent is to be
more of an art
coach or mentor for youth and adults.
Chairman Strach opened the floor to questions and comments from the audience. There was
nobody in attendance who wished to address the Commission regarding this matter. Chairman
Strach closed the public comment portion of the hearing at 7:40 p.m.
Planning and Zoning Commission
February 12, 2017
Page 3
Motion by Miller, seconded by Walsh, to recommend to the City Council with regard to File No.
Z-907, approval of an application for a Use Variance to allow a tattoo parlor and art studio on
the subject property with the condition the use variance shall expire and become null and void
if the tattoo parlor use ceases for a period of six consecutive months, be granted, and Staff
finds all requirements in Table 32(A) of the zoning ordinance have been satisfied.
Voting Aye: Doherty, Miller, Meyer, Sobotta, Strach, Thacker and Walsh.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 7-0.
Chairman Strach closed the Public Hearing regarding File No. Z-907 at 7:42 p.m.
Staff Report
The next Planning and Zoning meeting is scheduled for Wednesday, May 17, 2017. A McHenry
Events brochure was distributed to the commissioners focusing on downtown businesses
explaining it is collaboration by a group of organizations to promote the City and community
events.
Adjournment
Motion by Sobotta, seconded by Doherty, to adjourn the meeting at 7:45 p.m.
Voting Aye: Doherty, Miller, Meyer, Sobotta, Strach, Thacker, and Walsh.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 7-0. The meeting was adjourned at 7:45 p.m.
Respectfully submitted,
Dorothy M. Wolf, Administrative Assistant
City of McHenry
[PLANNING AND ZONING COMMISSION
STAFF REPORT Z-908 USE VARIANCE TO ALLOW CONSTRUCTION
OF A MEDICAL CANNABIS DISPENSARY UNDER THE
COMPASSIONATE USE OF MEDICAL CANNABIS PROGRAM ACT
AND ANY OTHER VARIANCES REQUIRED EFFECTUATING THE
AFOREMENTIONED REQUEST AT 618 SOUTH ILLINOIS ROUTE 311
Applicant
Jamil Taylor (on behalf of Justice Grown)
311 N Aberdeen Street
Suite #300
Chicago, IL 60607
Requested Action
Use Variance to allow the construction of a medical cannabis dispensary under the
Compassionate Use of Medical Cannabis Pilot Program Act and any other Variances required
effectuating the aforementioned request at 618 South Illinois Route 31,
Site Information
Location and Size of Property
The subject property is located on the east side of Illinois Route 31 north of Medical Center Drive
and consists of approximately 1.72 acres.
Comprehensive Plan Designation
Office
Existin6 Zoning and Land Use
The subject property is currently zoned 0-1 Local Office, contains two one-story multi -tenant
buildings, 618 and 620 S Illinois Route 31 (both currently vacant).
Adjacent Zoning and Land Use
North: O-2 Office Park, Vacant (formerly First National Bank of McHenry)
South: Al Agriculture Unincorporated McHenry County, Vacant Land
East: A1C Agriculture w/Conditional Use Permit Unincorporated McHenry County, St.
Patrick's Cemetery
West: 0-1 Local Office, Multi -Tenant Office Building (13,286 square feet) (616 South
Illinois Route 31)
[PLANNING AND ZONING COMMISSION
STAFF REPORT Z-908 USE VARIANCE TO ALLOW CONSTRUCTION
OF A MEDICAL CANNABIS DISPENSARY UNDER THE
COMPASSIONATE USE OF MEDICAL CANNABIS PROGRAM ACT
AND ANY OTHER VARIANCES REQUIRED EFFECTUATING THE
AFOREMENTIONED REQUEST AT 618 SOUTH ILLINOIS ROUTE 311
BACKGROUND
On November 19, 2014 a Use Variance to allowthe construction of a medical cannabis dispensary
under the Compassionate Use of Medical Cannabis Pilot Program Act was filed for the property
at 620 South Illinois Route 31 Units 6B and 8. The application was subsequently withdrawn.
Below is an aerial depicting all three buildings and their relationship to abutting properties. The
Veterans Clinic relocated to the new Veterans facility constructed off of Municipal Drive. The
proposed medical marijuana dispensary would occupy 618 S Illinois Route 31 but also includes a
1,060 square -foot community space.
[PLANNING AND ZONING COMMISSION
STAFF REPORT Z-908 USE VARIANCE TO ALLOW CONSTRUCTION
OF A MEDICAL CANNABIS DISPENSARY UNDER THE
COMPASSIONATE USE OF MEDICAL CANNABIS PROGRAM ACT
AND ANY OTHER VARIANCES REQUIRED EFFECTUATING THE
AFOREMENTIONED REQUEST AT 618 SOUTH ILLINOIS ROUTE 311
The subject property, Lot 2 of a two lot subdivision, consists of (two) one-story buildings, 618 and
620 South Illinois Route 31. The applicant is requesting a use variance to allow a medical cannabis
dispensary at 618 South Illinois Route 31 depicted on survey submitted as part of the application
packet. Lot 2 can only be accessed from Illinois Route 31 by way of an access easement, which is
also depicted on the plat of survey. Further the use variance request does not include Lot 1,
which includes the building at 616 South Illinois Route 31.
The City of McHenry and Frank J. Gradishar entered into an annexation agreement on November
29, 1982 annexing Lots 1 and 2 (depicted below). An ordinance was passed granting a zoning
map amendment to B-1V (Business with a Height Variance) to allow the construction of a medical
office building at 616 South Illinois Route 31. In March of 1989 a request for a zoning map
amendment from 0-1 (Local Office) to RM-2 (High -Density Multi -Family Residential) along with
requests to allow multiple buildings on one lot and side and rear yard building setback variances,
was denied. In 1995 an ordinance was passed granting a variance to allow two buildings on Lot
2. The current zoning ordinance was passed and approved by the City Council on December 22,
1986 and does not include a 134 zoning classification; therefore when the 1986 ordinance was
adopted the zoning for Lots 1 and 2 effectively became 0-1.
Compassionate Use of Medical Cannabis Pilot Proxram Act
In August 2013 the State of Illinois enacted the Compassionate Use of Medical Cannabis Pilot
Program Act (the "Act'), which became effective January 1, 2014. The Act is in place until July
2020. The Act permits one dispensary in McHenry County. The State of Illinois Department of
Financial and Professional Regulation originally planned to issue 60 permits for dispensary
centers in Illinois however there were a few permits for dispensaries that were not issued and no
permit for a dispensary was issued in McHenry County.
Below
is an update
from
the
State
of
Illinois Medical Cannabis Program Pilot website:
https://www.i
II inois.Rov/�ov/mcp
p/Paees/u
pdate05032017.
aspx:
[PLANNING AND ZONING COMMISSION
STAFF REPORT Z-908 USE VARIANCE TO ALLOW CONSTRUCTION
OF A MEDICAL CANNABIS DISPENSARY UNDER THE
COMPASSIONATE USE OF MEDICAL CANNABIS PROGRAM ACT
AND ANY OTHER VARIANCES REQUIRED EFFECTUATING THE
AFOREMENTIONED REQUEST AT 618 SOUTH ILLINOIS ROUTE 311
"Update —May 3, 2017
SPRINGFIELD -The Illinois Department of Public Health (IDPH) has approved applications for
approximately 19,660 qualifying patients (including 160 persons under 18 years of age), since
it began accepting applications for the Medical Cannabis Registry Program on September 2,
2014. Approximately 22,900 individuals have submitted a complete application to IDPH
(complete application means the qualifying patient has submitted an application and fee to the
Department).
Retail sales of medical cannabis forApril - $6,657,194.66 including $3,621,647.61 in dry flower
sales and $3,035,547.05 concentrates/infused-products. Licensed medical cannabis
dispensaries served 12,763 unique patients, who purchased 317,168 grams of dry cannabis.
Overall Medical Cannabis Pilot Program Data, as of 313112017:
Number of Licensed Medical Cannabis Dispensaries 53
2017Total Retail Sales by Licensed Medical Cannabis Dispensaries -- $23,041,346.96
Total Retail Sales since 1112015 by Licensed Medical Cannabis Dispensaries -- $6014111770.73
?017Total Wholesale Sales by Cultivation Centers $1315011502.01
Total Wholesale Sales since 1112015 by Cultivation Centers -- $36,634,26643711
The Commission will recall Phoenix Farms of Illinois presented a petition to the Planning and
Zoning Commission which was subsequently approved by the City Council for a medical cannabis
cultivation center at 1515 Miller Parkway in the McHenry Corporate Center. Phoenix Farms of
Illinois was not issued a cultivation license for 1515 Miller Parkway and Fabrik Industries since
purchased, expanded and is operating out of 1515 Miller Parkway.
Citv of McHenry Zoning Ordinance Reeulations for Medical Cannabis Dispensaries
Amendments tothe zoningordinance pertainingto dispensaries wereconsidered bythe Planning
and Zoning Commission and subsequently approved by the City Council and include dispensaries
as conditional uses in the C-5 Highway Commercial District. Below is a definition and summary
of the regulations approved for dispensaries:
MEDICAL CANNABIS DISPENSING ORGANIZATION
A facility operated by an organization or business that is registered by the Department of
Financial and Professional Regulation to acquire medical cannabis from a registered cultivation
center forthe purpose of dispensing cannabis, paraphernalia, or related supplies and educational
materials to registered qualifying patients in accordance with the Compassionate Use of Medical
Cannabis Pilot Program Act, enacted by the State of Illinois effective January 1, 2014, as may be
amended from time to time.
0
[PLANNING AND ZONING COMMISSION
STAFF REPORT Z-908 USE VARIANCE TO ALLOW CONSTRUCTION
OF A MEDICAL CANNABIS DISPENSARY UNDER THE
COMPASSIONATE USE OF MEDICAL CANNABIS PROGRAM ACT
AND ANY OTHER VARIANCES REQUIRED EFFECTUATING THE
AFOREMENTIONED REQUEST AT 618 SOUTH ILLINOIS ROUTE 311
Q. MEDICAL CANNABIS
• Purpose and Applicability: It is the intent and purpose of this Section to provide
regulations regarding the cultivation and dispensing of medical cannabis occurring within
the corporate limits of the City of McHenry. Such facilities shall comply with all regulations
provided in the Compassionate Use of Medical Cannabis Pilot Program Act, as enacted by
the State of Illinois, effective January 1, 2014, as may be amended from time to time
(hereinafter referred to as the "Act"), as well as those additional regulations provided
below. In the event the Act is amended, the more restrictive of the state or local
regulations shall apply.
• Conditional Use Permit: Medical Cannabis facilities, as defined herein, requiring approval
of a conditional use permit in the respective zoning districts in which they are requested
shall be processed and reviewed in accordance with Article II. Filing Procedures and
Article XIV. Conditional Uses of the City of McHenry Zoning Ordinance and Article III.
General District Regulations Q. Medical Cannabis as provided herein.
• Medical Cannabis Facility Components: In determining compliance with Article XIV.
Conditional Uses the following additional components of the Medical Cannabis Facility
shall be evaluated based on the entirety of the circumstances affecting the particular
property in the context of the existing and intended future use of the properties:
a. Impact of the proposed facility on existing or planned uses located within the vicinity
of the subject property.
b. Proposed structure in which the facility will be located, including co -tenancy and
building code compliance.
• 5. Medical Cannabis Dispensing Organization: In those zoning districts in which a Medical
Cannabis Dispensing Organization may be located, the proposed facility must comply with
the following regulations:
a. Facility may not be located within 1,000feet of the property line of a pre-existing public
or private nursery school, preschool, primary or secondary school, day care center, day
care home or residential care home. Learning centers and vocation/trade centers shall
not be classified as a public or private school for purposes of this section.
b. Facility may not be located in a building or structure which is also utilized as a dwelling
unit or on a property which contains a building or structure which is utilized as a
residential dwelling.
c. For purposes of determining required parking, Medical Cannabis Dispensing
Organizations shall be classified as "Other Retail and Personal Service" in accordance with
Article VII Off -Street Parking & Loading Table 13: Required Parking Spaces for Non -
Residential and Non -Lodging Uses unless the Medical Cannabis Dispensing Organization
5
[PLANNING AND ZONING COMMISSION
STAFF• REPORT Z-908 USE VARIANCE TO ALLOW CONSTRUCTION
OF A MEDICAL CANNABIS DISPENSARY UNDER THE
COMPASSIONATE USE OF MEDICAL CANNABIS PROGRAM ACT
AND ANY OTHER VARIANCES REQUIRED EFFECTUATING THE
AFOREMENTIONED REQUEST AT 618 SOUTH ILLINOIS ROUTE 311
is located within a Shopping Center, as defined herein, and in this instance shall comply
with the off-street parking and loading requirements for 'Shopping Centers" in
accordance with Article VII Off -Street Parking & Loading Table 13: Required Parking
Spaces for Non -Residential and Non -Lodging Uses.
d. Petitioner/Applicant shall file an affidavit with the City affirming compliance with
Article III. General District Regulations Section Q. Medical Cannabis as provided herein
and all other requirements of the Act.
STAFF ANALYSIS
The applicant is required to obtain a use variance to allow a medical marijuana dispensary at the
subject property because the City's zoning ordinance only permits dispensaries as conditional
uses in the C-5 zoning district, and the subject property is zoned 04.
As part of the application process with the State of Illinois and in accordance with the provisions
of the Act and accompanying administrative rules, Justice Grown is required to meet several
minimum regulations and will be categorically scored based on their ability to demonstrate how
well they address each of the criterion in their application to the state. These requirements
include:
• Suitability of Proposed Dispensary
• Business and Operations Plan
• Security Plan
• Recordkeeping and Inventory Plan
• Financial Disclosure
• Bonus Section
Additionally, applicants must submit the following forms: Notice of Proper Zoning Form; Medical
Cannabis Criminal History Form; Medical Cannabis Principal Officer Certification Statement Form;
Medical Cannabis Principal Officer Attestation Form and Medical Cannabis Documentation of
Property Ownership, Justice Grown, as part of their application packet and presentation includes
information which addresses all state -mandated criteria.
[PLANNING AND ZONING COMMISSION
STAFF REPORT Z-908 USE VARIANCE TO ALLOW CONSTRUCTION
OF A MEDICAL CANNABIS DISPENSARY UNDER THE
COMPASSIONATE USE OF MEDICAL CANNABIS PROGRAM ACT
AND ANY OTHER VARIANCES REQUIRED EFFECTUATING THE
AFOREMENTIONED REQUEST AT 618 SOUTH ILLINOIS ROUTE 311
Use Variance Criteria
Form E of the City's zoning ordinance includes approval criteria to be considered when evaluating
a request for a use variance. Included are five criteria which the applicant must satisfy to receive
a positive recommendation for the request. These are: practical difficulties or particular
hardship, reasonable return, unique circumstances, not altering local character and consistency
with the comprehensive plan. The two buildings on the subject property, 618 and 620 South
Illinois Route 31 have been vacant for several years. The site is also unique for the simple fact
that it meets the strict location requirements outlined in the Act. Additionally, Route 31 road
improvements were recently completed which restrict access to the subject property and
significantly limit the uses which could reasonably locate on the site. First National Bank closed
their facility directly to the north of the subject property due to the access limitations.
The proposed use will not alter the character of the area and will be a destination business. It is
accessed off a major roadway and abuts vacant land to the south, a vacant building to the north,
a multi -tenant office/medical building to the west and a cemetery to the east. The proposed use
is a destination, provides a service to our community and will draw people from outside the City
due to the limitation on the licensing of dispensaries. Additionally, Justice Grown is including a
community space within the building and has made it clearthey want to be active within the City.
Cross -access between Lots 1 and 2 exists for parking and access between the lots. The
intersection of Bull Valley (Charles Miller Road) and Illinois Route 31 was widened and the new
intersection includes dual left-hand turn lanes in all directions, as well as access restrictions
north, south, east and west of the intersection. As it relates to the subject propertythe full access
formerly existing was reduced to a right-in/right-out only access. This presents another challenge
for any business seeking to locate on the subject property and effectively limits any potential
business to be a destination -oriented site as opposed to an impulse business. The proposed
medical cannabis dispensary will be a destination -oriented business.
Attached to this report are photographs of the subject property and surrounding area. StafYs
primary zoning concerns pertaining to the proposed use include: safety and security for patrons
of the proposed business as well as other businesses on Lots 1 and 2, deliveries and access to the
business. If awarded a license, the operator of the proposed medical cannabis dispensary will be
required to provide continuous uninterrupted video surveillance. Such surveillance must be
available "real time" 24 hours/day and accessible bythe State of Illinois. Also attached is an email
in support of the project staff received.
Electronic video monitoring is defined as: "'continuous and uninterrupted video surveillance of
dispensary activities and oversight for potential suspicious actions: " Due to the ambiguity and
7
[PLANNING AND ZONING COMMISSION
STAFF REPORT Z-908 USE VARIANCE TO ALLOW CONSTRUCTION
OF A MEDICAL CANNABIS DISPENSARY UNDER THE
COMPASSIONATE USE OF MEDICAL CANNABIS PROGRAM ACT
AND ANY OTHER VARIANCES REQUIRED EFFECTUATING THE
AFOREMENTIONED REQUEST AT 618 SOUTH ILLINOIS ROUTE 31]
subjectivity of this provision staff would recommend 24-hour/day 7 days/week real time video
surveillance to include the entire exterior perimeter of 618 South Illinois Route 31, as well as the
interior of the building. This would include the north, south, east and west sides of the building,
common parking area to the north as well as the ingress/egress to the subject property from
Illinois Route 31. If approved staff will ensure the operator works with the police department to
adequately satisfy this requirement. Additionally, staff recommends the operator maintain on -
site security personnel during business hours which they are planning.
The building where the proposed use is planned shares a common parking area east of 616 South
Illinois Route 31. The parking area contains two parking lot lighting standards. Staff wants to
ensure these standards comply with the minimum parking lot lighting requirements set forth in
the City's zoning ordinance (1.5-10 foot-candles) and recommends a photometric plan be
submitted to verify this requirement is met, and if the lighting restrictions set forth in the zoning
ordinance are not met staff recommends the applicant install additional/new standards to
comply with the ordinance.
RECOMMENDATION PRIOR TO PUBLIC HEARING
Approval of a use variance to allow a medical cannabis dispensary on the subject property, at 618
S Illinois Route 31, and any other variances required to effectuate the aforementioned request
in accordance with the Compassionate Use of Medical Cannabis Pilot Program Act, in substantial
accordance with the conceptual architectural plan completed by Perimeter Architects dated
4.18.17 and subject to the following conditions:
• Facility may not be located within 1,000 feet of the property line of apre-existing public
or private nursery school, preschool, primary or secondary school, day care center, day
care home or residential care home. Learning centers and vocation/trade centers shall
not be classified as a public or private school for purposes of this section;
• Justice Grown shall file an affidavit with the City affirming compliance with Article III,
General District Regulations Section Q. Medical Cannabis as provided herein and all other
requirements of the Act
• Justice Grown shall install 24-hour/day 7 days/week real time video surveillance
equipment, to be approved by the City, which covers/encompasses the entire exterior
perimeter of 618 South Illinois Route 31, including the north, south, east and west sides
of the building, common parking area to the west of 618 South Illinois Route 31 as well as
the ingress/egress to the site. Additionally, equipment encompassing the interior of the
building, common hallway/entrance and entire space of 618 S Illinois Route 31 shall be
installed and all surveillance equipment must be in place, tested and operational prior to
receipt of a certificate of occupancy;
[PLANNING AND ZONING COMMISSION
STAFF REPORT Z-908 USE VARIANCE TO ALLOW CONSTRUCTION
OF A MEDICAL CANNABIS DISPENSARY UNDER THE
COMPASSIONATE USE OF MEDICAL CANNABIS PROGRAM ACT
AND ANY OTHER VARIANCES REQUIRED EFFECTUATING THE
AFOREMENTIONED REQUEST AT 618 SOUTH ILLINOIS ROUTE 31]
• Justice Grown shall maintain on -site security personnel at all times business is conducted
at the subject property; proof of such security shall be provided to the City prior to receipt
of a certificate of occupancy;
• If use variance is approved there shall be no residential dwelling units permitted on
subject property at any time the dispensary remains in operation;
• A photometric plan must be submitted verifying minimum parking lot lighting
requirements are met. If the regulations are not met, additional/new lighting standards
must be installed in accordance with all City ordinance requirements prior to granting an
occupancy permit for the proposed medical marijuana dispensary;
• For purposes of determining required parking, Medical Cannabis Dispensing
Organizations shall be classified as "Other Retail and Personal Service" in accordance
with Article VII Off -Street Parking & Loading Table 13: Required Parking Spaces for Non -
Residential and Non -Lodging Uses and proposed dispensary on subject property shall
comply with said regulation;
• Use Variance for a dispensary on the subject property shall be null and void if Justice
Gown does not secure a license to operate a medical marijuana dispensary from the
Illinois Department of Financial and Professional Regulation by December 31, 2018.
Staff finds all requirements in Table 32(A) of the zoning ordinance have been satisfied.
0
[PLANNING AND ZONING COMMISSION
STAFF REPORT Z-908 USE VARIANCE TO ALLOW CONSTRUCTION
OF A MEDICAL CANNABIS DISPENSARY UNDER THE
COMPASSIONATE USE OF MEDICAL CANNABIS PROGRAM ACT
AND ANY OTHER VARIANCES REQUIRED EFFECTUATING THE
AFOREMENTIONED REQUEST AT 618 SOUTH ILLINOIS ROUTE 311
Attachments
• Photographs of Subject Property and Surrounding Area
• Electronic Correspondence from Bobbi Baehne dated May 3, 2017
• Application packet
10
May 11, 2017
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[PLANNING AND ZONING COMMISSION
STAFF REPORT Z-908 USE VARIANCE TO ALLOW CONSTRUCTION
OF A MEDICAL CANNABIS DISPENSARY UNDER THE
COMPASSIONATE USE OF MEDICAL CANNABIS PROGRAM ACT
AND ANY OTHER VARIANCES REQUIRED EFFECTUATING THE
AFOREMENTIONED REQUEST AT 618 SOUTH ILLINOIS ROUTE 311
View looking west at Illinois Route 31 along access easement from Subject Property
View looking east at St. Patrick's Cemetery from Subject Property
12
[PLANNING AND ZONING COMMISSION
STAFF REPORT Z-908 USE VARIANCE TO ALLOW CONSTRUCTION
OF A MEDICAL CANNABIS DISPENSARY UNDER THE
COMPASSIONATE USE OF MEDICAL CANNABIS PROGRAM ACT
AND ANY OTHER VARIANCES REQUIRED EFFECTUATING THE
AFOREMENTIONED REQUEST AT 618 SOUTH ILLINOIS ROUTE 31]
View looking south at vacant property from Subject Property
View looking north at Former First National Bank of McHenry from Subject Property
13
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May 17, 2017
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[PLANNING AND ZONING COMMISSION
STAFF REPORT Z=908 USE VARIANCE TO ALLOW CONSTRUCTION
OF A MEDICAL CANNABIS DISPENSARY UNDER THE
COMPASSIONATE USE OF MEDICAL CANNABIS PROGRAM ACT
AND ANY OTHER VARIANCES REQUIRED EFFECTUATING THE
AFOREMENTIONED REQUEST AT 618 SOUTH ILLINOIS ROUTE 311
Good afternoon,
I wanted to reach out regarding the upcoming public hearing regarding a medical cannabis
dispensary in McHenry. I'm going to do my best to be at the meeting, but I have a Board
meeting that evening and may not make it out in time. I'm hoping this email will serve to
express my support of this business in our community.
For the past few months we have been working with a Cannabis Clinic in Chicago that assists
individuals in obtaining their medical cannabis card and have learned a great deal about the
value of this treatment as well as about the individuals that are benefiting from it. Having a
local dispensary for these patients would be very helpful in making sure they are getting the
treatment they need without having to endure a long drive or risk not having adequate
transportation or time to get there. I also believe it's an excellent addition to our 'medical
community' and would be an excellent compliment to both Centegra and the Sage Cancer
Center.
I hope to see you there but please note that this project has my full support. It'll be very
interesting to see where the community stands on this and how well educated they actually are
when it comes to the value of this treatment, the revenue that will be generated for the city,
the laws in IL that govern this program, etc.
Thank you,
Bobbi Baehne
`1
SUBSTANCE ABUSE
COALITION
Derik,
2200 North Seminary Avenue
Woodstock, II 60098
Office:
815-334-4048
Fax:
815-338-0475
Website: www,McDrugFree.com
May Iuj 2017
Thank you for taking time to consider some thoughts about the variance approval for the compassionate care marijuana
dispensary that is being considered in McHenry. We would like to make two general statements:
The McHenry County Substance Abuse Coalition respects that the State of Illinois has allowed for medical cannabis to
be dispensed to individuals and a caretaker through a certification process with regulations defined in the
Compassionate Use of Medical Cannabis Pilot Program Act.
The McHenry County Substance Abuse Coalition does not believe any agent, institution, or organization involved in
establishing medical cannabis cultivation centers or distribution centers is involved in illegal activities if they perform their
duties as defined by the State of Illinois in the Compassionate Use of Medical Cannabis Pilot Program Act.
When McHenry considered a medical cannabis cultivation center Laura Crain spoke with you about safety and
community concerns. We appreciated the open dialogue and hope that the same conversation will be considered as
you make decisions about the proposed dispensary.
We ask the City Council to complete the due diligence that has been established and consider a few things that might be
attached as conditions to the approval.
In order to understand these considerations we will provide some information that not everybody is aware of as it has
applied to other states that have initiated legal medical cannabis programs and some clarification as to the Illinois the
Compassionate Use of Medical Cannabis Pilot Program Act.
The State of Illinois law and Federal law do not align with regards to the sale of medical cannabis. Due to banks being
federally insured and regulated most banks will not accept any transactions that involve the purchase of medical
cannabis, therefore, the distribution center will be an all cash business. Large amounts of cash and drugs make any
location a target. The coalition spoke with Tom Gorman, Director of Rocky Mountain HIDTA (High Intensity Drug
Trafficking Area), and he indicated that these types of robberies do occur both at the location and with individual
customers. We know that the distribution center must submit a security plan to the state police but would like the
following considerations from the council to ensure the safety of the distribution center, the community and specifically
the customers
o Enhanced external lighting
o Pole cameras) that allows for complete coverage of external access
points included but not limited to doors and parking lots
o Reduction in foliage that allow for clear view of parking lot and doors
o Hours of operation limited to no later than 5 p.m.
o Armed security personnel at minimum during sales hours
The certification process defined in the Compassionate Care Use of Medical Cannabis Pilot Program Act creates a
situation where signage should be reduced beyond the current city ordinance. There needs to be a clear understanding
that the certification process does not start as a prescription from the doctor. Prescriptions require a dosage and form of
administration. The doctor will complete a form that indicates the individual has a qualifying condition and that medical
cannabis is an option for treatment. In the additional paperwork required by the state before issuing a card the individual
must list the name and location of the distribution center they will use. Unlike a person choosing Walgreens, CVS, Osco
or other pharmacy to fill a prescription these individuals must use only the one location they designate. Distribution
centers are not allowed to sell product of any sort to anybody who is not presenting a state issued certification
card. Through this process there is not a retail competitive market that requires advertising. There is also no need to
advertise products contained within the distribution center and the prices because it is a direct service to only certified
individuals. Therefore, the following signage limitations should be considered:
o No lighted sign including but not limited to neon or fluorescent (exempt: a In open/closed sign)
o No images depicting marijuana leaf/plant or marijuana products including but not limited to
bongs, rolled marijuana, one-hitter/vaporizers, or consumable products in signs
o Window signs shall be limited to the name of the business, hours of operation and open/close
(this is also a safety issue for clear view into the distribution center)
o No public advertising including but not limited to any social media or flyers, billboards, bus stops,
yard or "leader" signs within the city limits
o A clear sign indicating nobody under that age of 18 allowed in the dispensary
o One external sign per dispensary not to exceed 10 sq.feet
Ultimately the coalition is not only concerned with the direct safety of the business and customers but also the indirect
impact this may have on youth. The City of McHenry can be a leader in reducing exposure and access of substances
that are legal for adults that pose additional risk and harm to youth. The Compassionate Use of Medical Cannabis Pilot
Program clearly defines a certified individual or caregiver has to be over 18 (limited access to those under 18 with parent
responsibility) and furthermore has defined in the bill that both the use and storage of any medical cannabis cannot be in
the presence of anybody under the age of 18. These restrictions by the state would support the need to not allow
children and/or non -certified youth within the building while purchases are made or at minimum an area where the
product is on display and able to be viewed.
The McHenry County Substance Abuse Coalition thanks you for taking the time to consider these safety and sign
variance issues to existing ordinance as you decide the request before you in of the cannabis distribution center. If
anybody within the council would like more information or research please feel free to contact our staff member, Laura
Crain at 815-334-4048 or IlcrainAco.mchenry.il.us.
McHenry County Substance Abuse Coalition
zz00 North Seminary Avenue
Woodstock, II 60098
Justice Grown
a11 a Aberdeen St.
Suuite #300
Chicago, IL 60607
IGI T� (312) 243-5900
File: Z-908
Use Variance for Medical Cannabis Dispensary
Justice Grown is a professional organization that fights for the voice of the people regarding social
justice issues in Illinois. With our roots in social justice, Justice Grown cultivates ways to improve the
lives of patients, our communities and beyond by setting high expectations for standards, practices, and
procedures.
With growing support in the city of McHenry, Justice Grown plans to open the first state -approved
medical cannabis dispensary in the county of McHenry. It is our pleasure to offer the qualifying resident
patients of our neighborhood access to medical cannabis treatment. We will operate with the highest
standards of Illinois law, we will be a positive influence in the local community, we will partner with local
organizations and the local police department and we will donate our time to help the city of McHenry
be the best city in Illinois.
Justice Grown is requesting a Use Variance to allow the construction of a medical cannabis dispensary
under the Compassionate Use of Medical Cannabis Pilot Program Act and any other Variances required
effectuating the aforementioned request at 618 South Illinois Route 31, McHenry, IL.
Once built, the business will create well -paying jobs in the community, and should contribute to other
related economic development nearby.
The dispensary will provide the best medication available for individuals with various qualifying illnesses
including but not limited to: Cancer, severe fibromyalgia, spinal cord disease, amyotrophic lateral
sclerosis (ALS), Parkinson's, Lupus, Multiple Sclerosis (MS), Crohn's disease, Alzheimer's disease and
many others. As an Illinois based business, we believe all citizens with qualifying conditions should have
safe and affordable access to medicine that helps relieve and cure our illnesses. Along with providing
medicine, we will partner with and offer community resources such as yoga, Zumba, massage therapy,
fitness and health fairs, informational and educational seminars, career placement, drug abuse
counseling and massage therapy.
Justice Grown is
excited
to be involved in the city
of McHenry and
looking
forward to sharing our
resources to help
improve
the lives of thousands.
FORM A
PUBLIC HEARING APPLICATION
Planning and Zoning Commission
City of McHenry
File Number Z-908
333 South Green Sheet a McHenry, IL 60050 � Tel: (815) 363-2170 � Fax: (815) 363-2173
1. Name of Applicant Jamil Taylor (on behalf of Justice Grown) Tel 240-418-2120
Address 311 N. Aberdeen St.. Suite #300 Fax
City Chicago State IL Zip 60607
2. Name of Property Owner Mr. G.C. Forester & Mr. J.S. Hunt Tel _
(If other than Applicant) 502 Wexford Ct.
Fax
Address
3.
City St. Charles State IL Zip 60175
Name of Engineer
(If represented)
Address
City
4. Name of Attorney
(If represented)
Address
State_ Zip
Tel
Tel
Fax
5. Common Address or Location of Property 618 S. IL Route 31. McHenry. IL 60050
6. Requested Actions) (check all that apply)
Zoning Map Amendment (Rezoning)
Conditional Use Permit
Zoning Variance
Other
FORM A
Zoning Variance —Minor #
Zoning Text Amendment
% Use Variance
*Definition of Minor Variance: A valiance granted to the fee owner, contract
purchaser or option holder of a shrgle-family detached or attached dwelling, or
single-family detached or attached building lot for that dwelling or lot.
Page 1 of 3
7. Current Use of Property Vacant unit in multi -tenant
8. Current Zoning Classification of Property, Including Variances or Conditional Uses
Zoned O-1 (local office)
9. Curent Zoning Classification and band Use of Adjoining Properties
North: O-2 14-02-302-017
South: outside city limits 14-02-302-013
East: outside city limits 14-02-327-014
West: O-1 14-02-3 02-014
10. Required Attachments (check all items submitted)
Please refer to the Public Hearing Requirements Checklist to determine the required attachments.
X
I.
Application Fee (amount) $
X
2.
Narrative Description of Request
XI
FORMA —Public Hearing Application
_4.
FORM B —Zoning Map Amendment (Rezoning) Application
5.
FORM C — Conditional Use Application
6.
FORM D — Zoning Variance Application
X
7.
FORM E —Use Variance Application
_8.
Proof of Ownership and/or Written Consent from Property Owner in the Form of an
Affidavit
X
9.
Plat of Survey with Legal Description
X
10.
List of Owners of all Adjoining Properties
11.
Public Hearing Notice
_12.
Sign (Provided by the City, to be posted by the Applicant)
X
13.
Site Plan
14.
Landscape Plan
15.
Architectural Rendering of Building Elevations
16.
Performance Standards Certification
_17.
Traffic Analysis
_18.
School Impact Analysis
FORMA Page 2 of 3
11. Disclosure of Interest
The party signing the application shall be considered the Applicant. The Applicant must be the owner
or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject
property or his or her agent or nominee.
Applicant is Not Owner
If the Applicant is not the owner of record of the subject property, the application shall disclose the
legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In
addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has
the authority from the owners(s) to make the application.
Applicant or Owner is Comoration or Partnersliln
If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a
corporation or partnership, the application shall disclose the name and address of the corporation's
officers, directors, and registered agents, or the partnership's general partners and those shareholders
or limited partners owning in excess of five percent of the outstanding stock or interest in the
corporation or interest shared by the limited partners.
Applicant or Owner is a land Trust
If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address,
telephone number, and extent of interest of each beneficiary shall be disclosed in the application.
12. Certification
I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this
property and that the proposed use or development described in this application shall comply with all
such codes.
I hereby request that a public ]rearing to consider this application be held before the Planning and
Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the
adoption of an ordinance(s) granting the requested action(s), including any modifications to this
application or conditions of approval recommended by the Zonin¢ Board of Anneals or Citv Council.
Suture of Applicant(sl
Print Name and Designation of Applicants)
FORMA Page 3 of 3
FORME File Number Z-908
USE VARIANCE
Planning and Zoning Commission
City of McHenry
333 South Green Sheet � McHenry, IL 60050 � Tel: (815) 363-2170 � Fax: (815) 363-2173
Table 32(A) of the City of McHenry Zoning Ordinance provides that in recommending approval or
conditional approval of a use variance, the Planning and Zoning Commission shall transmit to the City
Council written findings that all of the conditions listed below apply to the requested action.
Please respond to each of these conditions as it relates to vour request.
1. Practical Difficulties or Particular Hardship
The strict application of the provisions of the Zoning Ordinance relating to the use of the buildings or
structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as
distinguished from a mere inconvenience.
McHenry Duectbr of Economic Development pointed Justice Grown to this location as it meets all the
requirements and 1,000 feet setback roles to schools and daycare facilities. Justice Grown has paid owner
to hold property for 12 Al
2. Reasonable Retunt
The property cannot yield a reasonable return
to be used only under the conditions allowed
Justice Grown is leasing the property and we plan to lease the building for 5-10 years.
3. Uniaue Circumstance
Special ch'cumstances exist that are peculiar to [he property for which the use variance is sought which do
not apply generally to other properties in the same zoning district.
The property meets all rules and regulations set forth in local and state ordinances. We must be 1,000
feet from all schools and daycares. Not many properties in McHenry meet or exceed those set back
requirements. It's located in a private location away from main road and has extra space for community events.
FORME Page 1 of 2
4. Not Alter Local Character
The granting of the use variance will not alter the essential character of the locality nor substantially
impair environmental quality, property values, or public safety or welfare in the vicinity.
The building we are looking to lease is located in the rear of the property, not visible from the main road.
We do not plan on installing "Vegas" style lights or large marijuana leaf signage. Our plan meets all
requirements and request from owner of the building including providing discreet parking, easy access
delivery, handicap parking and proper security that will protect all tenants in the medical park.
5. Consistent with Comprehensive Plan
The granting of the use variance will be in harmony with the general purpose and intent of the Zoning
Ordinance and Comprehensive Plan of the City, as viewed in light of any changes conditions since their
adoption. 11
Justice Grown plans to operate within the rules and regulations of fire State medical cannabis program and
within McHemy's local ordinance for medical cannabis dispensaries.
FORME Page 2 of 2
City of McHenry
Doug Martin
Economic Development Planner
333 S. Green St,
McHenry, IL60050
To: Mr. Doug Martin,
I,�aflj�[WI I ORtii7lsrepresent that I am the owner of the property, 618 S. IL Route 31, McHenry, IL, a unit
located within the Center Medical Arts Complex. I hereby grant my permission and full support for the tenant,
Justice Grown, to lease the property, 618 S. IL Route 31, McHenry, IL for legal use of a medical cannabis
dispensary. The tenants in the Medical Arts Complex support my decision to lease the unit to Justice Grown who
will operate a fully legal state regulated medical cannabis dispensary. Below Is a quick overview of Justice
Grown.
Justice Grown is a professional organization that fights for the voice of the people regarding social Justice issues
in Illinois. With their roots in social justice, Justice Grown cultivates ways to improve the lives of patients, their
communities and beyond by setting high expectations for standards, practices, and procedures.
With growing support in the city of McHenry, they plan to open the first state -approved medical cannabis
dispensary in the county of McHenry. It is their pleasure to offer the qualifying resident patients of our
neighborhood access to medical cannabis treatment. With our support they will operate with the highest
standards of Illinois law, they will be a positive influence in the local community, they will partner with local
organizations and the local police department and they will donate their time to help the city of McHenry be the
best city in Illinois.
Once built, the business will create well -paying jobs in the community, and should contribute to other related
economic development nearby.
The dispensary will provide the best medication available for individuals with various qualifying illnesses
including but not limited to: Cancer, severe fibromyalgia, spinal cord disease, amyotrophic lateral sclerosis (ALS),
Parkinson's, Lupus, Multiple Sclerosis (MS), Crohn's disease, Alzheimer's disease and many others. As an Illinois
based business, they believe all citizens with qualifying conditions should have safe and affordable access to
medicine that helps relieve and cure their illnesses. Along with providing medicine, they will partner with and
offer community resources such as yoga, Zumba, massage therapy, fitness and health fairs, informational and
educational seminars, career placement, drug abuse counseling and massage therapy.
Justice Grown is excited to be involved in the city of McHenry and looking forward to sharing their resources to
help improve the lives of thousands.
As the owner and landlord of 618 S. IL Route 31, 1 am thrilled to have a professional organization like Justice
Grown sign a lease and operate as a standup tenant in the building.
Sincerely,
April � D , 2017
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PLANNING AND ZONING COMMISSION STAFF REPORT Z-908
USE VARIANCE TO ALLOW CONSTRUCTION OF A MEDICAL ��
CANNABIS DISPENSARY UNDER THE COMPASSIONATE USE OF
MEDICAL CANNABIS PILOT PROGRAM ACT AND ANY OTHER
VARIANCES REQUIRED EFFECTUATING THE AFOREMENTIONED
G'O
REQUEST AT 618 SOUTH ILLINOIS ROUTE 31 —
Applicant
Justice Grown
Attn: Jamil Taylor
311 N. Aberdeen St., Ste. 300
Chicago, IL 60607
Justice Grown
311 N. Aberdeen St.
Suite #300
Chicago, IL 60607
(312) 243-5900
Requested Action
Use Variance to allow the construction of a medical cannabis dispensary under the Compassionate Use
of Medical Cannabis Pilot Program Act and any other Variances required effectuating the
aforementioned request at 618 South Illinois Route 31.
Site Information
Location and Size of Property
The subject property is located on the east side of Illinois Route 31 north of Medical Center Drive and
consists of approximately 1.72 acres. Justice Grown will look to occupy 3 corner units of building 618 S.
IL Route 31 and the size is approximately 4,000 square feet. 2,500 square feet will be used to dispense
medical cannabis and the other 1,500 square feet will be used for community benefit events.
Comprehensive Plan Designation
Office
Existing Zoning and Land Use
The subject property is currently zoned 0-1 Local Office, contains two (10,058) square foot one story
Adjacent Zoning and Land Use
• South: 14-02-302-013 — Al Agriculture Unincorporated McHenry County (outside city limits);
• West: 14-02-302-014-0-1 Local Office, Multi -Tenant Office Building;
• North:14-02-302-017 — 0-2 Office Park, First National Bank of McHenry (vacant building)
• East: 14-02-327-014—A1C Agriculture Unincorporated McHenry County St. Patrick's Cemetery
(outside city limits)
BACKGROUND
The applicant is requesting a use variance to allow a medical cannabis dispensary at 618 South Illinois
Route 31, (4,000 square feet) - depicted on architect drawings and site plan submitted as part of the
application packet. The proposed operator of the medical marijuana dispensary is Justice Grown. Lot 2
can only be accessed from Illinois Route 31 by way of an access easement, which is also depicted on the
plat of survey. The plat of survey depicts 618 South Illinois Route 31 circled in red and highlighted in
yellow, which abuts the eastern property line and St. Patrick's Cemetery. Furtherthe use variance
Page 1 of 12
PLANNING AND ZONING COMMISSIONS FFREPORT Z-908
USE VARIANCE TO ALLOW CONSTRUCTION OF A MEDICAL
CANNABIS DISPENSARY UNDER THE COMPASSIONATE USE OF
MEDICAL CANNABIS PILOT PROGRAM ACT AND ANY OTHER
VARIANCES REQUIRED EFFECTUATING THE AFOREMENTIONED
REQUEST AT 618 SOUTH ILLINOIS ROUTE 31
t1,
I
Justice Grown
311 Aberdeen St.
Suitee #300
Chicago, IL 60607
J[ISTICE
(312) 243-5900
-GROWN-
request
does not include
Lot 1, which includes the building at 616
South Illinois Route 31, formerly
Gattone
Pharmacy.
Below is an aerial depicting all three buildings and their relationship to abutting properties. The
proposed medical marijuana dispensary would occupy 3 corner units (totaling approximately 4,000
square feet circled in red below) within 618 South Illinois Route 31, which have been vacant for several
years.
Compassionate Use of Medical Cannabis PilotComoassionate Use of Medical Cannabis Pilot Program ActAct
In August 2013
the State of Illinois enacted the Compassionate
Use of
Medical Cannabis Pilot
Program
Act (the "Act"j,
which became effective January 1, 2014. This is
a pilot
program scheduled to
expire at
Page 2 of 12
PLANNING AND ZONING COMMISSIONS FFREPORT Z-908
USE VARIANCE TO ALLOW CONSTRUCTION OF A MEDICAL
CANNABIS DISPENSARY UNDER THE. COMPASSIONATE USE OF
MEDICAL CANNABIS PILOT PROGRAM ACT AND ANY OTHER
VARIANCES REQUIRED EFFECTUATING THE AFOREMENTIONED
REQUEST AT 618 SOUTH ILLINOIS ROUTE 31
Justice Grown
N. Aberdeen St.
Suite #300
Chicago, IL 60607
G� IOE (312) 243-5900
the end of 2020. The Act permits one dispensary in McHenry County. The State of Illinois Department of
Financial and Professional Regulation has the authority to issue up to 60 permits for dispensary centers.
City of McHenry Zoning Ordinance Regulations for Medical Cannabis Dispensaries
Amendments to the zoning ordinanre pertaining to dispensaries were approved by the City Council and
include dispensaries as conditional uses in the C-5 Highway Commercial District. Below is a definition
and summary of the regulations approved for dispensaries:
A facility operated by an organization or business that is registered by the Department of Financial and
Professional Regulation to acquire medical cannabis from a registered cultivation center for the purpose
of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered
qualifying patients in accordance with the Compassionate Use of Medical Cannabis Pilot Program Act,
enacted by the State of Illinois effective January 1, 2014, as may be amended from time to time.
Q. MEDICAL CANNABIS:
1. Purpose and Applicability: It is the intent and purpose of this Section to provide regulations
regarding the cultivation and dispensing of medical cannabis occurring within the corporate
limits of the City of McHenry. Such facilities shall comply with all regulations provided in the
Compassionate Use of Medical Cannabis Pilot Program Act, as enacted by the State of Illinois,
effective January 1, 2014, as may be amended from time to time (hereinafter referred to as
the "Act'), as well as those additional regulations provided below. In the event the Act is
2. Conditional Use Permit: Medical Cannabis facilities, as defined herein, requiring approval of a
conditional use permit in the respective zoning districts In which they are requested shall be
processed and reviewed in accordance with Article II, Filing Procedures and Article XIV.
Conditional Uses of the City of McHenry Zoning Ordinance and Article III. General District
Regulations Q. Medical Cannabis as provided herein.
3. Medical Cannabis Facility Components: In determining compliance with Article XIV. Conditional
Uses the following additional components of the Medical Cannabis Facility shall be evaluated
based on the entirety of the circumstances affecting the particular property in the context of the
existing and intended future use of the properties:
a. Impact of the proposed facility on existing or planned uses located within the vicinity of the
subject property.
b. Proposed structure in which the facility will be located, including co -tenancy and building
code compliance.
4. Medical Cannabis Cultivation Center... (not applicable)
Page 3 of 12
PLANNING AND ZONING COMMISSION STAFF REPORT Z-908
USE VARIANCE TO ALLOW CONSTRUCTION OF A MEDICAL
CANNABIS DISPENSARY UNDER THE COMPASSIONATE USE OF
MEDICAL CANNABIS PILOT PROGRAM ACT AND ANY OTHER
VARIANCES REQUIRED EFFECTUATING THE AFOREMENTIONED
REQUEST AT 618 SOUTH ILLINOIS ROUTE 31
L+9 Justicc Grown
uAberdeen St.
Site
Suite #300
Chicago, IL 60607
0 IVC (312) 243-5900
5. Medical Cannabis Dispensing Organization: In those zoning districts in which a Medical Cannabis
Dispensing Organization may be located, the proposed facility must comply with the following
regulations:
a. Facility may not be located within 1,000 feet of the property line of apre-existing public or
private nursery school, preschool, primary or secondary school, day care center, day care
home or residential care home. Learning centers and vocation/trade centers shall not be
classified as a public or private school for purposes of this section.
b. Facility
may not
be located in a building or
structure which is
also utilized as
a dwelling unit
or on a
property
which contains a building
or structure which
is utilized as a
residential
dwelling.
c. For purposes of determining required parking, Medical Cannabis Dispensing Organizations
shall be classified as "Other Retail and Personal Service" in accordance with Article VII Off -
Street Parking & Loading Table 13: Required Parking Spaces for Non- Residential and Non -
Lodging Uses unless the Medical Cannabis Dispensing Organization is located within a
Shopping Center, as defined herein, and in this instance shall comply with the off-street
parking and loading requirements for "Shopping Centers" in accordance with Article VII Off -
Street Parking & Loading Table 13: Required Parking Spaces for Non -Residential and Non -
Lodging Uses.
d. Petitioner/Applicant shall file an affidavit with the City affirming compliance with Article III,
General District Regulations Section Q. Medical Cannabis as provided herein and all other
requirements of the Act.
STAFF ANALYSIS
The applicant Is required to obtain a use variance to allow � medical marijuana dispensary at the subject
property because the City s zoning ordinance only permits dispensaries as conditional uses in the C-5
zoning district, and the subject property is zoned 0-1.
As part of the application process with the State of Illinois and in accordance with the provisions of the
Act and accompanying administrative rules, Justice Grown is required to meet several minimum
regulations (please see below the scoring rubric for the Application for Dispensing Organization
Authorization - Medical Cannabis Dispensary) and will be categorically scored based on their ability to
demonstrate how well they address each of the criterion in their application to the state. These
requirements include:
• Suitability of Proposed Dispensary (150 points)
• Business and Operations Plan (200 points)
• Security Plan (200 points).
• Recordkeeping and Inventory Plan (200 points)
Page 4 of 12
PLANNING AND ZONING COMMISSION STAFF REPORT Z-908 a
USE VARIANCE TO ALLOW CONSTRUCTION OF A MEDICAL
CANNABIS DISPENSARY UNDER THE COMPASSIONATE USE OF
MEDICAL CANNABIS PILOT PROGRAM ACT AND ANY OTHER TJ (i
VARIANCES REQUIRED EFFECTUATING THE AFOREMENTIONED TCiST10E
REQUEST AT 618 SOUTH ILLINOIS ROUTE 31 —czto ir—
• Financial Disclosure (150 points)
• Bonus Section (up to 100 points).
Justice Grown
311 N. Aberdeen St.
Suite #300
Chicago, IL 60607
(312) 243-5900
Additionally, applicant's must submit the following forms: Notice of Proper Zoning Form; Medical
Cannabis Criminal History Form; Medical Cannabis Principal Officer Certification Statement Form;
Medical Cannabis Principal Officer Attestation Form and Medical Cannabis Documentation of Property
Ownership. Copies of all farms are attached, and the following link,
http://www.idfpr.com/profs/info/medcan.asp#, to the Illinois Department of Financial and Professional
Regulation website includes all applicable medical cannabis information, regulations, forms and
frequently asked questions.
Use Variance Criteria
Form E of the Cites zoning ordinance includes approval criteria to be considered when evaluating a
request for a use variance, included are five criteria which the applicant must satisfy to receive a
positive recommendation for the request. These are: practical difficulties or particular hardship,
reasonable return, unique circumstances, not altering local character and consistency with the
comprehensive plan. As previously stated the units on the subject property, 618 South Illinois Route 31
have been vacant for several years. The site is also unique for the simple fact that it meets the strict
location requirements outlined in the Act.
The proposed use will not alter the character of the area and will be a destination business. It is
accessed off a major roadway and abuts vacant land to the south, a financial institution to the north, a
multi -tenant office/medical building to the west and a cemetervto the east. The proposed use is
consistent with
the other uses on
the
subject property and Lot 1 to the west which include:
fitness/physical
therapy business
and
medical offices.
Cross -access between Lots 1 and 2 exist for parking and access between the lots. The intersection of Bull
Valley (Charles Miller Road) and Illinois Route 31 is planned to be widened and improved within the next
year. The new intersection will include dual left-hand turn lanes in all directions, as well as access
restrictions north, south, east and west of the intersection. As it relates to the subject property the full
access currently existing will be reduced to a right- in/right-out only access. This presents another
challenge for any business seeking to locate on the subject property and effectively limits any potential
business to be a destination -oriented site as opposed to an impulse business. The proposed medical
cannabis dispensary will be adestination-oriented business.
Attached to this report are photographs of the subject property and surrounding area. StafYs primary
zoning concerns pertaining to the proposed use include: safety and security for patrons of the proposed
business as well as other businesses on Lots 1 and 2, deliveries and access to the business. If awarded a
license, the operator of the proposed medical cannabis dispensary will be required to provide
Page 5 of 12
PLANNING AND ZONING COMMISSIONS FFREPORT Z-908 n
USE VARIANCE TO ALLOW CONSTRUCTION OF A MEDICAL
CANNABIS DISPENSARY UNDER THE COMPASSIONATE USE OF 1 r
MEDICAL CANNABIS PILOT PROGRAM ACT AND ANY OTHER T`/"` JT
VARIANCES REQUIRED EFFECTUATING THE AFOREMENTIONED
REQUEST AT 618 SOUTH ILLINOIS ROUTE 31 -G>MSF
Justice Grown
311 N. Aberdeen St.
Suite #300
Chicago, IL 60607
(312)243-5900
continuous uninterrupted video surveillance. Such surveillance must be available "real time" 24
hours/day and accessible by the State of Illinois.
Electronic video monitoring is defined as: "'continuous and uninterrupted video surveillance of
dispensary activities and oversight for potential suspicious actions."' Due to the ambiguity and
subjectivity of this provision staff would recommend 24-hour/day 7 days/week real time video
surveillance to include the entire exterior perimeter of 618 South Illinois Route 31, as well as the interior
of the building. This would include the north, south, east and west sides of the building, common
parking area to the north of 618 South Illinois Route 31 as well as the ingress/egress to the subject
property from Illinois Route 31, If approved staff will ensure the operator works with the police
department to adequately satisfy this requirement.
Staff would also recommend all customers enter through the main entrance and only employees and
persons conducting deliveries be permitted to access the proposed units from the rear entrance to the
building at 618 South Illinois Route 31. Additionally, staff recommends the operator maintain on -site
security personnel during business hours.
The building where the proposed
use is planned
shares
a common
parking area north of 620 South
Illinois Route 31. The parking area
contains two
parking
lot lighting
standards.
RECOMMENDATION PRIOR TO PUBLIC HEARING
Approval of a use variance to allow a medical cannabis dispensary on the subject property and any other
variances required to effectuate the aforementioned request in accordance with the Compassionate Use
of Medical Cannabis Pilot Program Act subject to the following conditions:
• Facility may not be located within 1,000 feet of the property line of apre-existing public or
private nursery school, preschool, primary or secondary school, day care center, day care
home or residential care home. Learning centers and vocation/trade centers shall not be
classified as a public or private school for purposes of this section; .
• Justice Grown shall file an affidavit with the City affirming compliance with Article
III, General District Regulations Section Q. Medical Cannabis as provided herein and all other
requirements of the Act
• Justice Grown/applicant (property owner) shall install24-hour/day 7 days/week real time
video surveillance equipment, to be approved by the City, which covers/encompasses the
exterior perimeter of 618 South Illinois Route 31, including the south, east and west sides of
the building, and common parking area to the west of 618 South Illinois Route 31.
Additionally, equipment encompassing the interior of the building, common hallway/entrance
and entire space, shall be professionally installed and all surveillance equipment will be in
place, tested and operational prior to receipt of a certificate of occupancy;
Page 6 of 12
PLANNING AND ZONING COMMISSIONS FFREPORT Z-908
USE VARIANCE TO ALLOW CONSTRUCTION OF A MEDICAL
CANNABIS DISPENSARY UNDER THE COMPASSIONATE USE OF
MEDICAL CANNABIS PILOT PROGRAM ACT AND ANY OTHER
VARIANCES REQUIRED EFFECTUATING THE AFOREMENTIONED
REQUEST AT 618 SOUTH ILLINOIS ROUTE 31
i
Justice Grown
N. Aberdeen St.
Suite #300
Chicago, IL 60607
Gtt aWNE
(312) 243-5900
• Justice Grown shall maintain on -site security personnel at all times business is conducted at
the subject property; proof of such security shall be provided to the City prior to receipt of a
certificate of occupancy;
• If use variance is approved there shall be no residential dwelling units permitted on subject
property at any time the dispensary remains in operation;
• A photometric plan must be submitted verifying minimum parking lot lighting requirements
are met. If the regulations are not met, additional/new lighting standards must be installed in
accordance with all City ordinance requirements prior to granting an occupancy permit for the
proposed medical marijuana dispensary;
• For purposes of determining required parking, Medical Cannabis Dispensing Organizations
shall be classified as "Other Retail and Personal Service" in accordance with Article VII Off -
Street Parking & Loading Table 13: Required Parking Spaces for Non- Residential and Non -
Lodging Uses and proposed dispensary on subject property shall comply with said regulation;
• Access for patrons to 618 South Illinois Route 31 shall be restricted solely to the west building
entrance; east entrance shall only be utilized by employees and for deliveries;
• Use Variance for a dispensary on the subject property shall be null and void if Justice Grown
does not secure a license to operate a medical marijuana dispensary from the Illinois
Department of Financial and Professional Regulation,
Justice Grown finds all requirements in of the zoning ordinance have been satisfied.
Attachments
and Surrounding Area
• Application packet with proper forms
• Justice Grown Planning and Zoning presentation
Page 7 of 12
PLANNING AND ZONING COMMISSION STAFF REPORT Z-908
USE VARIANCE TO ALLOW CONSTRUCTION OF A MEDICAL
CANNABIS DISPENSARY UNDER THE COMPASSIONATE USE OF
MEDICAL CANNABIS PILOT PROGRAM ACT AND ANY OTHER
VARIANCES REQUIRED EFFECTUATING THE AFOREMENTIONED
REQUEST AT 618 SOUTH ILLINOIS ROUTE 31
}-,
Justice Grown
N. Aberdeen St,
Suite #300
Chicago, IL 60607
JUSTICE
(312) 243-5900
-GROWN-
View looking at front entrance of 618 S. Illinois Route 31
View looking at Southeast corner of 618 S. Illinois Route 31
View looking at rear entrance of 618 S. Illinois Route 31
Page 8 of 12
PLANNING AND ZONING COMMISSIONS FFREPORT Z-908
USE VARIANCE TO ALLOW CONSTRUCTION OF A MEDICAL
CANNABIS DISPENSARY UNDER THE COMPASSIONATE USE OF
MEDICAL CANNABIS PILOT PROGRAM ACT AND ANY OTHER
VARIANCES REQUIRED EFFECTUATING THE AFOREMENTIONED
REQUEST AT 618 SOUTH ILLINOIS ROUTE 31
=
,
Justice Grown
311 N. Aberdeen St.
Suite #300
Chicago, IL 60607
GIiSTICE
(312) 243-5900
PLANNING AND ZONING COMMISSIONS FFREPORT Z-908
USE VARIANCE TO ALLOW CONSTRUCTION OF A MEDICAL
CANNABIS DISPENSARY UNDER THE COMPASSIONATE USE OF
MEDICAL CANNABIS PILOT PROGRAM ACT AND ANY OTHER
VARIANCES REQUIRED EFFECTUATING THE AFOREMENTIONED
REQUEST AT 618 SOUTH ILLINOIS ROUTE 31
t:
Justice Grown
311 N. Aberdeen St.
Suite #300
Chicago, IL 60607
JUSTICE
(312) 243-5900
-GROWN-
View looking east at St. Patrick's Cemetery from Subject Property
View looking south at vacant property from Subject Property
Page 10 of 12
PLANNING AND ZONING COMMISSIONS FFREPORT Z-908
USE VARIANCE TO ALLOW CONSTRUCTION OF A MEDICAL
CANNABIS DISPENSARY UNDER THE COMPASSIONATE USE OF
MEDICAL CANNABIS PILOT PROGRAM ACT AND ANY OTHER
VARIANCES REQUIRED EFFECTUATING THE AFOREMENTIONED
REQUEST AT 618 SOUTH ILLINOIS ROUTE 31
Justice Grown
N. Aberdeen St,
Suite #300
Chicago, IL 60607
J[iSTICE
(312) 243-5900
-GROWN-
View looking north along Illinois Route 31 from Lot 1
View looking north at First National Bank of McHenry from Subject Property
Page 11 of 12
yat � _
�,`L I Y _
�-
.�L. _ .LyG. Y ,1 �
("'ji Y � _ �5
[Z-909 PLANNING AND ZONING COMMISSION
STAFF REPORT: CONDITIONAL USE PERMIT TO ALLOW
AN ASSEMBLY USE AT 12524254 N GREEN STREET]
Applicant
Utopian Roast LLC
1254 N Green Street
McHenry, IL 60050
Requested Actions
Conditional Use Permit to allow an assembly use (gathering space) along with outdoor seating
and indoor entertainment at 1252-1254 N Green Street along with vacant lot to north and any
other Variances required effectuating the request
Site Information
Location and Size of Property
The property is located at 1252-1254 N Green Street (former Some Other Nuts building) located
on the east side of Green Street and vacant lot to north (formerly Windy City Wings, Bambinos,
China Light w/second floor residential -prior to fire which destroyed building), southeast corner
of Green Street and Elm Street, consisting of a total of .45 acres.
Comprehensive Plan Designation:
Commercial
Core Downtown Sub -Area Plan Designation
Restaurant/Retail
Existing Zoning and Land Use
The subject property is zoned C-4 Downtown Commercial and contains an approximately 7,600
square -foot building originally constructed in 1927
Adjacent Zoning and Land Use
North: C-4 Downtown Commercial, Green _Street Park, Offices, Miller Monument
Company
South C-4, Neumann Park
East C-4, Hair Salon
West: C-4, Pet Central, Office/Financial Building, Chamber Offices
Background and Description of Request
In June 2016, the Planning and Zoning Commission considered a request by Mixin Mingle, a
company that leases a gathering space utilized for public and private events. The leased space
can be rented out for a party, office gathering, or other event to users following completion of
an application process. A similar request was approved at 3315 Pearl Street (Smith's Central
Garage).
[Z-909 PLANNING AND ZONING COMMISSION
STAFF REPORT: CONDITIONAL USE PERMIT TO ALLOW
AN ASSEMBLY USE AT 1252=1254 N GREEN STREET]
The applicant for the present request operated a traditional coffee house, Hidden Pearl Cafe, in
the former Downtown Theater building, which is currently being renovated to accommodate a
movie theater and restaurant. Dan Kernes, proprietor of Hidden Pearl Cafe built a following of
people who could come to his coffee shop and do different events such as poetry readings,
theatrical performances, comedy, etc. Therefore, Dan decided expand and pursue a coffee house
and event space in a larger venue and has been working with staff to address building and zoning -
related challenges.
An assembly use is defined as: A building, structure, place or parts thereof for groups of people
to gather for an event or regularly scheduled program that is educational, cultural, spiritual,
social, or recreational in nature. The only exceptions to this definition include: building, tenant
space, room or space used for public assembly purposes as defined herein with an occupant load
of 25 persons or less and spaces less than 750 square feet in floor area.
Staff Analysis
Attached is a narrative describing Dan's vision for the building, 1252-1254 N Green Street and
vacant lot to the north. He is in the process of reopening his coffee house, which he can do
without approval from the Planning and Zoning Commission and City Council however; he also
wants to create a larger event space, assembly use. Additionally, due to the size of the building
he is creating two -three additional retail/service spaces, which will have doors facing Elm and
taking advantage of the vehicular traffic as well as breaking -up the monotonous look of the north
wall of the building. He is in the process of purchasing the vacant land at the southeast corner
of Elm and Green but does own the existing building (1252-1254 N Green).
An important aspect of downtown revitalization is attracting people downtown and keeping
them there as long as possible -similar to a shopping center. The proposed use of the building
and vacant land at Green and Elm provides an opportunity to grow a business which already
existed, as well as allow additional businesses to open at a great location. Dan's long-term vision
is to open his building to the south and provide access to Neumann Park from his building. He is
also exploring the use of public art and murals to make the exterior of the building more
attractive. In the short-term two -three retail spaces will open to the north (facing Elm Street)
with an area set aside for outdoor seating.
The coffee house and assembly use will be in the southern half of the existing building and
encompass two-thirds of the building area (open to public/excluding basement). Currently the
vacant lot to the north has a vehicular access driveway off of Elm Street and in the short-term
the paved area and access will remain unchanged so people can utilize the existing parking;
however, when this is expanded in the future (additional parking, etc.) approval from the Illinois
Department of Transportation will be required. Dan also wants to erect a sign on the vacant lot
to the north however; there are no plans for a building expansion to the north at this point.
ra
[Z-909 PLANNING AND ZONING COMMISSION
STAFF REPORT: CONDITIONAL USE PERMIT TO ALLOW
AN ASSEMBLY USE AT 1252-1254 N GREEN STREET]
Essentially, once Dan purchases the vacant an the existing building and vacant an will be one
zoning lot.
Assembly uses are gathering places and require a conditional use permit. Conditional use permits
are permitted uses, which must be allowed if all the criteria in Table 31 are satisfied. If the criteria
are not satisfied the applicant must demonstrate how they will mitigate any potential adverse
land use impact and conditions may also be placed on a conditional use permit to do the same.
The subject property is zoned C-4 therefore no off-street parking is required by ordinance. The
request before the Commission is solely for the gathering space within the existing building, as
this will be the primary use. The applicant is also planning to enhance and utilize the outdoor
space immediately to the north and south of the building but this is incidental to the assembly
use.
Opening the building to Neumann Park may not occur immediately but staff definitely supports
the idea to utilize this underutilized space, similarto D.C. Cobbs use of Walsh Park; howeverthere
is no outdoor entertainment being proposed in Neumann Park. The applicant is also going to
request a liquor license and has set aside a space for indoor video gaming. While these are
primarily City Council issues to consider staff believes the applicant's plan to incorporate the
alcohol and utilize the revenue from the video gaming to potentially open the south building
facade to Neumann Park is a great idea. The alcohol and video gaming, under the applicant's
plan, is complimentary to the principal use as an event space. Therefore, it will enhance the
assembly use request and allow the applicant to host events where people may desire to have a
drink; however, the applicant does not want to have alcohol consumption or service outside.
Although people can certainly purchase food and non-alcoholic beverages inside and sit outside
this is again ancillary to the primary use of the building.
As discussed previously at Planning and Zoning Commission meetings, parking within downtown
areas in any community is a challenge, howeverthe proposed use will not create any more traffic,
require any additional public services or facilities or require more parking than any other use,
which is permitted by right in the C-4 district. The proposed use is conducive to the neighborhood
and a downtown setting and will enhance the downtown. The building was formerly a retail
space, Some Other Nuts, Ben Franklin, and is being transformed into primarily a
restaurant/assembly use with two to three additional commercial businesses. The applicant is
maximizing the building space for his assembly use while also taking advantage of the location
and visibility and renting two -three smaller spaces to other businesses conducive to a downtown
setting.
There are Municipal
Parking lots to the east
of the building
in addition to on -street parking on
surrounding streets.
The Court Street lots are underutilized
at this point, and the applicant will
have some off-street
parking on the lot north
of the building.
Additionally the applicant will most
GREEN STREET]
likely add more parking on the vacant lot to the north however this will require IDOT review and
approval and the applicant's primary objective at this point is get his business up and running,
seek approval for the assembly use and build out the other tenant spaces so he has revenue to
expand the parking in the future.
N
IV
.S E
[Zm909 PLANNING AND ZONING COMMISSION
STAFF REPORT: CONDITIONAL USE PERMIT TO ALLOW
AN ASSEMBLY USE AT 12524254 N GREEN STREET]
Staff Recommendation Prior to Public Hearing
Approval of a Conditional Use Permit to allow an assembly use (gathering space), consisting of
approximately 4,800 square -feet, along with outdoor seating and indoor entertainment at
1252-1254 N Green Street and vacant lot to north in substantial conformance with the attached
interior/exterior plan and elevations submitted subject to the following conditions:
• Applicant must comply with all regulations of the McHenry County Health
Department;
• Applicant must enter into a redevelopment agreement with the City to address
the use of Neumann Park;
• The applicant shall comply with the Downtown Design Guidelines with regards to
any exterior facade improvements;
• In accordance with the Downtown Design Guidelines the use of box signs, exposed
neon, flashing and moving signs is prohibited;
• There shall be no consumption or service of alcoholic beverages outside and no
service of food outside;
• No outdoor entertainment shall be permitted unless a temporary use to do so is
approved by the City;
• Applicant shall work with the City in obtaining an easement or come to an
agreement on the vacant lot at Green/Elm whereby a sign could be erected
welcoming people to Downtown McHenry; either in addition to or in combination
with a sign for the tenants within the building at 1252-1254 N Green Street;
• Existing parking spaces on lot to north shall be restriped and no parking expansion
on lot to the north shall occur without prior approval from IDOT and City of
McHenry;
Staff finds the requirements of Table 31 for Conditional Use Permits of the zoning ordinance have
been met.
Attachment
• Application Packet
3
®verview for 1252 N. Green Street
Hidden Pearl coffee plans to move from our current location at 1208 N. Green Street to 1252 N. Green
Street. The lot on the corner of Green and 120 is going to be part of the renovation. The plan calls for
extensive remodeling and some added revenue to our business. The building is 7200 sq. ft, above grade
and it will be used as follows; One third of the space is going to be divided into smaller commercial units
that will be available for additional retail businesses. The remaining two thirds will be used by the
coffee shop.
The 4800 sq, ft. that will be the future coffee shop, will be divided into two spaces as well. The back half
of the space will be converted into a live entertainment venue. We will be seeking an assembly use for
that space. The goal of the venue is to host Comedy and Improve nights, Theatrical performances,
Various special performance events, such as a folk music event or an art exhibit. We will continue to
provide all ages entertainment, and will continue to push our events such as poetry night. We have had
many baby and bridal showers over the years. We will use that space to continue with and expand on
that. Lastly, we host multiple chamber and networking groups. We will continue to host them and use
this space for that.
We plan to build a small business center in the coffee shop too. For a monthly fee we will be providing
an address for small businesses to receive ups/fedex packages, share office space and have use of a
printer/copier. There will be a small and large conference room dedicated to our business customers.
We plan to add other concierge services as this part of the business develops. We noticed this need
almost immediately after opening our current location.
The property at 1252 Green street is also next to Newman park. We would also be seeking some sort of
entrance and seating use arrangement similar to the one granted for DC Cobbs and the Walsh Park
project residing at our old location.
We plan to seek a liquor license. The evening entertainment has requested it repeatedly. We have also
had a request to add liquor for our evening networking groups and our evening social mixers. We have
been seeking that for over a year now.
For the exterior, we plan a simple face lift on the front of the building facing green street. We are going
to remove and replace the broken small tiles as well as other minor repairs. The thought for the south
side, the park side, is to have a mural professionally painted on the building. On the north side, the side
facing 120, we plan to put in 3 or 4 store fronts with glass windows and doors.
At the same time, we put the store fronts in facing 120, we will be focusing on the vacant lot. The
current plan is to create a park like setting on the current green area, and add a nice walkway next to
the building from the front to the back. We will repair the current spaces that are there and re -stripe
them. We also intend on placing a monument sign on the corner.
Respectfully submitted
Dan Kernel
Hidden Pearl Coffee /Utopian Roast LLC
FORM A
File Number-=7a
PUBLIC HEARING APPLICATION
Planning and Zoning Commission
City of McHenry
333 South Green lStreet McHenry, IL 60050 Tel: (815) 363-2170 Fax: (815) 363-2173
1. Name of Applicant t./rah �(%GtS4li Tel
Address f'Z5i po (Tlmm Dltm+ Fax
2. Name of Property Owner 5SA Mt; Tel
(If other than Applicant)
Address Fax
3. Name of Engineer nj/A Tel
(If represented)
Address Fax
4. Name of Attorney Tel
(If represented)
Address Fax
5. Common Address or Location of Property
12.5 y PJ, &rU4 5+r k
McIIeyvcj T[� 6DD5a
6. Requested Actions) (check all that apply)
Zoning Map Amendment (Rezoning) _ Zouing Variance -Minor
Conditional Use Permit _ Zoning Text Amendment
Zoning Variance Other
Provide a brief description of the Requested Action(s). For example, the operation that requires a
Conditional Use Permit, the specific Zoning Variance needed, or the new zoning classification that is
requested:
UP_1�0<e _ iX1J,�A55•CnNtCo+-(C,[. SGt cad
FORMA Page 1 of 3
7. Current Use of Property 14� Pk' \ ( GJ rY e:
8. Current Zoning Classification of Property, Including Vaziances or Conditional Uses
9. Current Zoning Classification and Land Use of Adjoining Properties
North:
South: C'r% lILGC/a�m�» P/;✓�z
East:9��y6i�/ll�� ��Io�
West: C� L/ 1//4C f1mJ(V7 /Mu
10. Required Attachments (check all items submitted)
Lam. DIMA 7 q
Please refer to the Public Hearing Requirements Checklist to determine the required attachments.
1. Application Fee (amount) $
2. Narrative Description of Request
3. FORM A — Public Hearing Application
4. FORM B —Zoning Map Amendment (Rezoning) Application
5. FORM C — Conditional Use Application
6. FORM D — Zoning Variance Application
7. FORME —Use Variance Application
8. Proof of Ownership and/or Written Consent f in Property Owner in the Form of an
Affidavit
9. Plat of Survey with Legal Description
10. List of Owners of all Adjoining Properties
11. Public Hearing Notice
12. Sign (Provided by the City, to be posted by the Applicant)
13, Site Plan
14.. Landscape Plan
15, Architectural Rendering of Building Elevations
16. Performance Standards Certification
17. Traffic Analysis
18. School Impact Analysis
FORMA Page 2 of 3
11. Disclosure of Interest
Tlie party signing the application shall be considered the Applicant. The Applicant must be the owner
or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject
property or his or her agent or nominee.
Applicant is Not Owner
If the Applicant is not the owner of record of the subject property, the application shall disclose the
legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In
addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has
the authority from the owners(s) to make the application.
Applicant or Owner is Corporation or Partnership
If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a
corporation or partnership, the application shall disclose the name and address of the corporation's
officers, directors, and registered agents, or the partnership's general partners and those shareholders
or limited partners owning in excess of five percent of the outstanding stock or interest in the
corporation or interest shared by the limited partners.
Applicant or Owner is a land Trust
If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address,
telephone number, and extent of interest of each beneficiary shall be disclosed in the application.
12. Certification
I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this
property and that the proposed use or development described in this application shall comply with all
such codes.
I hereby request that a public hearing to consider this application be held before the Planning and
Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the
adoption of an ordinance(s) granting the requested action(s), including any modifications to this
application or conditions of approval recommended by the Zoning Board of Appeals or City Council.
Signature ofApolicant(s)
Print Name and Designation ofApplicant(s)
FORM A
Page 3 of 3
FORM C
CONDTTIONAL USE PERMIT
Planning and Zoning Commission
City of McHenry
File Number' I 0
333 South Green Street � McHenry, IL 60050 � TeI: (815) 363-2170 � Fax: (815) 363-2173
Table 31 of the City of McHeruy Zoning Ordinance provides that in recommending approval or
conditional approval of a Conditional Use Permit, the Planning and Zoning Commission shall transmit to
the City Council written findings that all of the conditions listed below apply to the requested action.
Please respond to each oftlrese conditions as it relates to vour request.
1. Traffic
Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has
been minimized.
OokLot�
2. Environmental Nuisance
Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse
environmental effects of a type or degree not characteristic of permitted uses in the zoning district have
been appropriately controlled.
3. Neighborhood Character
The proposed use will fit harmoniously with the
surroundings and with permitted uses in the zoning
effect on the environmental quality, property values,
normally associated with permitted uses in the district.43-
district.
existing natural or man-made character of its
The use will not have undue deleterious
or neighborhood character existing in the area or
FORM C Page 1 of 2
4. Public Services and Facilities
The proposed use will not require existing community facilities or services to a degree disproportionate to
that normally expected of permitted uses in the district, nor generate disproportionate demand for new
services or facilities, in such a way as to place undue burdens upon existing development in the area.
�7Aelo�, well //
5. Public Safety and Health
The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors
associated with the use nor of the general public in the vicinity.
6. Other Factors
The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use
and its particular location. V
FORM C Page 2 of 2
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